HomeMy WebLinkAbout032-14 79 Orange StreetMAY 10 2014 �UUJJ
BY: ✓-2 LLi �-
TOWN OF NANTUCKET s
BOARD OF APPEALS z A
NANTUCKET, MA 02554 M rn
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APPLICATION
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Fee: $450.00 File No. 32.1*
Owner's name(s): Mary Beth Ramos, Trustee of The Ramos Real Estate Trust
Mailing address: 67 Monomoy Road, Nantucket, MA 02554
Phone Number: 508 -228 -0771 E -Mail: John @gliddemndglidden.com
Applicant's name(s): Sheila Fee, contract purchaser
Mailing Address: 52 Cliff Road, Nantucket, MA 02554
Phone Number: 508- 228 -0771 E -Mail: John @gliddmmdglidden.com
Locus Address: 79 Orange Street Assessor's Map /Parcel: 55.4.1/89.1
_ i.n-_ n_a_ a" rage /Plan File No.: 30 -C
Deed Reference / eate gfT44e: Book 783, Page 331 Zoning District ROH
Uses on Lot- Commercial: Yes (describe) Bakery
Residential: Number of dwellings: 0 Duplex _ Apartments
Date of Structure(s): Pte -1972
Building Permit Numbers:
Previous Zoning Board Application Numbers: 01 -82
State below or attach a separate addendum of specific special permits or variance relief
applying for:
See attached Addendum A
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
SIGNATURE:
SIGNATURE:
t /Attomey /Agent*
*If an Attorney or other Agent is representing the Owner or the Applicant, please provide
a signed proof of agency.
OFFICE USE ONLY
Application received on:—/—/— By:_ Complete:_ Need Copies:_
Filed with Town C1etk:JJ_ Planning Board:JJ_ Building Dept.:—/—/— By:_
Fee deposited with Town Treasurer._ /J_ By:_ Waiver requested:_
Granted:_ /_ /_ Heating notice posted with lerk:_ /_/_ Mailed :_/ —j_
I&M _/_/_ &_ /_ /_ Heating(s) held on:—/—/— Opened on:—/—J-
Continued to:_/_/_ Withdrawn:_ /_ /_ Decision Due By:—/—/—
Made;J_/_ Filed w /Town Clerk:_ /_/_ Mailed:—/—/—
Revised Addendum A
Overview
The Applicant, Sheila Fee, is the contract purchaser of the property known and numbered
as 79 Orange Street (Map 55.4.1, Parcel 89.1). The owner of record, Mary Beth Ramos,
Trustee of The Ramos Real Estate Trust (u/d/t October 30, 2002, recorded in Book 783,
Page 331 at the Nantucket Registry of Deeds), is contracting to sell the Locus to the
contract purchaser subject to approval from the Board of Appeals for the conversion of
the existing use from a bakery to a year -round yam/craft store open seven days a week.
The Locus presently contains a one -story garage, a one -story building, and a tool shed.
The one -story building was historically used as a bakery operated by the Nantucket Bake
Shop, a use that currently is not allowed in the Residential Old Historic ( "ROH") zoning
district, but pre-dates the adoption of the Nantucket Zoning Bylaw and is therefore
grandfathered.
The Applicant requests Zoning Board of Appeals relief pursuant to Nantucket Zoning
Bylaw Section 139 -33.A. in order to change the use of the one -story building from a
bakery to a yam/craft store (retail) with an apartment tote constructed in the back
portion of said structure and to convert the existing garage to a dwelling unit.
To the extent necessary, the Applicant is also requesting a waiver of six (6) parking
spaces on the Locus and the need for any loading zone as defined in Nantucket Zoning
Bylaw Section 139 -20.A. The previous use had seven (7) parking spaces grandfathered.
Preexisting Nonconforming Structures and Uses
The uses and two of the structures on the Locus are nonconforming with respect to the -
intensity regulations of the ROH, but pre -date the adoption of the Zoning Bylaw. The
primary structure on the Locus has been used as a bakery, with take -out and retail sales,
since before the adoption of the Zoning Bylaw. Presently, a bakery/take -out use is not
allowed in the ROH district, but because these uses were in place prior to 1972, the
bakery/take -out use is considered grandfathered.
The garage use on the Locus is also preexisting nonconforming. The zoning bylaw only
recognizes residential garages, but the garage was not used in conjunction with any
residence and has been used in such a manner since before the adoption of the Zoning
Bylaw.
Furthermore, the primary structure that housed the bakery is nonconforming with respect
to side yard setback, being as close as 0.0 feet from the side yard setback in a zoning
district that requires a five (5) foot side and rear yard setback. The garage is also
nonconforming with respect to setbacks, being sited within the westerly rear yard five (5)
foot setback. However, because these structures and uses pre-date the adoption of the
Zoning Bylaw, they are regarded as grandfathered as well.
The existing structure is also nonconforming with respect to parking, not providing any
off - street parking. Please see the parking chart below for a more detailed analysis of the
puking requirements:
Existing/Previous
Required
Total
1228 + / -sf of gross floor area
0
0
6 employees
1 space for every 3
employees
2
(1) Take - outstation
5
5
7
Pursuant to Section 139 -18 of the Zoning Bylaw, the operators of a Bakery would need to
provide seven (7) parking spaces; however, no legal off - street parking is provided on the
Locus.
Change of Use
Preexisting nonconforming uses may be modified and altered pursuant to Nantucket
Zoning Bylaw Section 139- 33.A.(q)(a) if the Special Permit granting authority finds that
the proposed change in use is not substantially more detrimental to the neighborhood. In
Powers v. Building Inspector of Barnstable (363 Mass. 648 (1973)), the Court set forth
three tests that can be used to determine whether or not a proposed use fits with the
exemption granted to nonconforming uses:
(1) Whether the use reflects the "nature and purpose" of the use prevailing when
the zoning bylaw took effect;
(2) Whether there is a difference in the quality or character, as well as the degree,
of use;
(3) Whether the current use is "different in kind in its effect on the
neighborhood."
In the present scenario, the proposed business will actually lessen the detrimental effects
of a commercial business in the ROB district. The second and third prongs of the Powers
test apply in this situation, but the result is that the proposed change in use is not
substantially more detrimental to the neighborhood and, as outlined below, the change of
use will lessen the burden of traffic, congestion, and noise in the neighborhood.
Furthermore, by converting a portion of the main structure from a commercial use to a
residential use, the intensity of the commercial use is lessened by converting a portion of
the structure to a use allowed by right in the ROB district.
Proposed Business
The proposed business, Flock, is a year -round yarn/craft store that will occupy the same
space as the bakery. Although the proposed use is categorized as retail, the use will be
less intense than a typical retail establishment. The proposed hours of operation are 9:00
am to 8:00 pm, Monday through Saturday; and 12:00 pm to 5:00 pm on Sundays.
Furthermore, there will be no more than three (3) employees working at any given time
and approximately 440 +/- sf of the existing structure is proposed to be converted to an
apartment. This, in turn, will reduce the amount of total commercial area dedicated to the
business and reduce the intensity of the commercial use on the Locus.
The proposed change to a yarn/craft store lessens the intensity of the nonconforming use
on the Locus because although the store will be open later in the day and open on
Sundays, the store will not be open as early and will not create the nuisance of having
noisy customers at early hours. Additionally, the yarn/craft store is not a use that will
generate an increase in traffic and congestion. Also, because the use will no longer
involve food preparation, the new use will lessen the burden on the sewer and drainage
systems in that neighborhood and there will also be less trash and with the new business.
Parking
Below is a detailed analysis of the parking requirements for the proposed yam/craft store
and dwellings:
Proposed
Required
Total
818 + /- sf of retail space
lspace for every 200 sf
4
3 employees
1 space for every 3
employees
1
Apartment
N/A
0
Garage converted to dwelling
unit
1
1
6
While there is no formal off -street parking on the Locus, there is a pull -off space near the
garage along West Dover Street that has historically been used for parking. This could
accommodate the parking for the dwelling unit.
Nonetheless, to the extent necessary, pursuant to Nantucket Zoning Bylaw Section 139-
1 S.B. the Applicant is requesting a puking waiver of six (6) spaces even though seven
(7) have been grandfathered. Pursuant to Nantucket Zoning Bylaw Section 139- 20.A.,
the special permit granting authority has the discretion to determine whether a loading
zone is required. The Applicant proposes that no loading zone is required because the
Applicant will not be receiving nearly as many deliveries as the previous use.
Garage
The Applicant also requests relief in order to convert the garage to a dwelling. Said
garage is sited in the setback and has been used in conjunction with the bakery business
and therefore requires Zoning Board of Appeals approval to convert the use of the
preexisting nonconforming structure and use to a use that is allowed by right (dwelling
unit) in the ROH.
Conclusion
Accordingly, the Applicant is requesting special permit relief for this change of use for
the main structure from bakery to retail (yam/craft store) and an apartment. Although the
use of an "apartment" is not allowed in the ROH district because apartments must be
connected to commercial structures and commercial structures are not allowed in the
ROH, this change of use would not be substantially more detrimental to the neighborhood
because a dwelling is allowed by right in the ROH and the apartment reduces the square
footage of commercial area in the main structure. This reduction in square footage
lessens the parking requirement and the total commercial space used on the Locus.
Furthermore, changing the use of the existing garage from garage to a dwelling unit
would not be substantially more detrimental to the neighborhood because single- family
dwellings are allowed by right in the ROH.
and County of Nantucket
as
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Property Information
Property o 55.4.189.1
Location 79 ORANGE ST
Owner RAMOS MARY BETH TRUSTEE
THE RAMOS REAL ESTATE TRU
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THE COMMONWEALTH OF MASSACHUSET73
NgtR9CgRS
awro..
BOARD OF APPEALS
Date: March 16 ,1912
_C_eralWuororwins of Vlrim err SnecW 1p"Mit
(GenenlLaws Chapler40A,SWionII) ,
The BOsrdofapppbofthe Cltyor Towoof Nantucket
herebycerBlles that a VSrlsnxor Sped, PmNIWbeepealed
TO JOACSIM M. RAMOB
Address Orsrga Street
Cityor Town Nantucket
affecting the Alhts of the owner with respect to land Or buildings at
79 Orar a Street, Nantucket
And the said Board of Appeals further arNBes that the decision mached herero is a true and
correct copy of its decision liswting said varlara — special permit, and that copies of said
derision, and of W plans referred to in the decision, have bew fled write the planning board and
thecity or town clerk.
The Board of Appeals also calls to the attention of the owner w applicant deal General laws,
Chapter LOA, Section I I (lean paragraph) provides that no variance cr special permit. Or any es•
tension, modifiationor renewal thereof, shall sake effect until a copy of the decision hearing the
certification of the town or city clerk that twenty days have elapsed after the decision has been
filed in the office of the city or town clerk and no appeal hat beer filed or that, if arch appal has
been riled, that ithas been dismissed or denied, is recorded in the rolls" of dads for the county
and district to which the land is located and indexed in the grantor Index under the Mme of the
owner of record or is recorded "it =led on the owner's aNfkas Of title. Thelpe for such recor-
ding orregistering shall he paid by the owner Orapplirant UZ
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et, P ssachue
Nantueket. N sseehu netts - !
At a meeting of tPe MMRn OP APPFAM held Tridav,
February 26, 19e2, at 300 p.m. in the Town and County
Building # Nantucket, I. the matter of the application
of JOAMIH M. RAMS (01 -63), after due deliberation the 1
Board found.
1. This is an application under SECTION 7 -H -1' of the
Boeing By -law to extend a non - conforming use by adding
an addition to the Nantucket Bake Shop located a 79'
orange Street in a district zoned RESIOFATIAL/OW HISTOR-
�� IC. The owner ace k. to add additional counter and retail
space on the South side of the building, which area would
measure 10' x 29• and would front on Ormge Street.
The addition would serve to capaM the customer servive
area without enlarging the baking facilities of the
establishment.
2. The Board find. this building to be a non - conform E.g
business enterprise which he. exlstod for several decades
-' in this largely residential area. Oranqe Street is a
major avenue for SouthbouM traffic. The bakery business
ii !a substantial during the Season and generates consider-
-� able short -tern transient parking near the bakery. The
�i proposed additon would, however, not produce any change
"i in the quantity nor ouslity of the e.istinq business,
h but would tend to expedite the flow of euetamere 1. and
cut of the promisee.
p For the reasons Set forth, Me Board Linda the pro -
mosed extension of the nnei conforming use would not be
more detrimental e. the .the Spatial Permit to .extend .
use of the g in and the 6peclel larmit to extent
1 the building In .. vote. with the plane sulwltted le
Granted by unanimous vote.
BDAPB O^ A ➢PEAG4
' -' •p�' l�a\w,w NANTUCKET COUNTY
c; '> Received and Entered
Attest
!I . APR 81982
,I q:;togr�, lber.
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®� V RECENED
BOARD OF ASSESSORS
Town of Nantucket APR 2 S 2014
Zoning Board of Aooeals NANTUCKET, MA
LIST OF PARTIES M INTEREST IN THE MATTER OF THE PETITION
. OF:
PROPERTY OWNER .... GI1 J....11 .. .`j "I.I�I.M1�.?I..�1.1�1�5 I ......... ..1U...t`W�OS
MAILING ADDRESS ......... ... I... jU0.. 1....!.! 91}.' p'1ys .q�Y........1 ..............
PROPERTY LOCATION........... `...1..... D •"p ` +"" ........................
ASSESSOR MAP/PARCE ........ S ;. y . �1. �.. S .. ` ........ ..............
SUBMITTED BY............ A! I.It.... r..!1^I.. �� �r .........................
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section I1 and Zoning Code Chapter 40A, Section 139 -29B
(2)
50 201
DA SESSOR'S OFFICE
TOWN OF NANTUCKET
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VOSS KENNETH & MARION
MACDONALD PENELOPE A & HEIDI E
HALLIDAY MARY JANE
8 FOX MEADOW LANE
283 WALNUT ST
BOX 165
HUNTINGTON, NY 11743
WELLESLEY HILLS, MA 02481
NANTUCKET, MA 02554
5514
5514
5514
EIGHTY TWO ORANGE NANTUCKET LLC
FLYNN BRIAN I & CHRISTINE G
BARNES PETER W & CHERYL S
7 HARCOURT STREET
6 CRESTVIEW DRIVE
1903 DUFFIELD LN
BOSTON, MA 02116
WESTBOROUGH, MA 01581
ALEXANDRIA, VA 22307
5514
5514 -
5541
LAWLER BRUCE D & LISA C
FOLEY ERIN M
PETRIE KATHERINE W & JOHN E TR
80 ORANGE ST
8 YORK ST
C/O GR83BELL WILLIAM
NANTUCKET, MA 02554
NANTUCKET, MA 02554
P O BOX 596
WENHAK MA 01984
5514
5514
5541
THAYER FREDERICK W & ANN M
MACIEROWSKI JENNIFER A ETAL
PULIIC LORAN V & MELINDA
12103 CAMINITO CORRIENTE
900 PALISADO AVE
8 SEARLES RD
SAN DIEGO, CA 92128
WINDSOR, Cr 06095
DARIEN, CT 06820
5514
5514
5541
ATSIKNOUDAS ANGELO
EAST DOVER ST COOPERATIVE CORP
OLCHOWSKI GREGORY M TRUSTEE
295 CHANN NG RD
C/O GANSLER STEPHEN M & JAYNE M
SIX WEYMOUTH NOM TRUST
BELMONT, MA 02478
100 LANDSDOWNE ST #1307
96 EAST COLRAIN ROAD
CAMBRIDGE, MA 02139
COLRAIN, MA 01340
5514
5514
5541
VAN NESS DOROTHY L H TEST
EAST DOVER ST COOPERATIVE CORP
LEVENTON MICHAEL & LARISA
C/O VAN NESS PETER H
C/O COLLINS JOHN & MARTHA TRS
633 MASSACHUSETTS AVE
265 COLLEGE ST #9S
42 MARKET STREET
LEXINGTON, MA 02421
NEW HAVEN, CT 06510
NEWBURYPORT, MA 01950
5514
5514
5541
ALLERHAND ELIZABETH C ETAL
PARROTTO LINDA S
BARNES JAIME P ETAL
3 OLD SAWMILL ROAD
74 PASTURE LN #331
19 EVERGREEN PLACE
MENTION, MA 01756
BRYN MAWR, PA 19010
MAPLEWOOD, NJ 07040
5514
5514
5541
DICKIE INVESTMEMTS LP
BENNETT JAMES S & MARY G TRST
LYDON CHRISTOPHER & LUCINE A
3635 NANCY CREEK RD
BENNETT REVOCABLE TRUST
67 CHESTNUT ST
ATLANTA, GA 30327
1557 33RD STREET NW
BOSTON, MA 02108
WASHINGTON, DC 20007
5514
5514
5541
KEITH ROBERT M & KATE L
ANDREWS BARBARA P
BERNARD ALFRED E
19 OLD FARM ROAD
P O BOX 1182
74 ORANGE ST
DARIEN, Cr 06820
NANTUCKET, MA 02554
NANTUCKET, MA 02554
5514
5514
5541
PATON KRISTIN S & SCOTT B
FAUNCE MARY 1 LIFE ESTATE
MCCAULEY RITA A
48 BREWSTER ST
4 BEECHEM PL
12 VILLA AVE
CAMBRIDGE, MA 02138
IUNGHAM, MA 02043 -3331
EVERETT, MA 02149
5541
5541
5541
J & L BURKE FAMILY LP
JOYNER JOSPH JR. ETAL
LEE JUDITH F
12 SALT CREEK RD
PO BOX 641
69 ORANGE ST
SOUTH DARTMOUTH, MA 02748
NANTUCKET, MA 02554
NANTUCKET, MA 02554
5541
5541
5541
JOHNSON PRISCILLA
HISCANO DOUGLAS R & KIMBERLEY L
BAUER RICHARD H TRUSTEE
91 ORANGE ST
C/O BIONDI JULIE & GERALD S
76 BALMVILLE ROAD
NANTUCKET, MA 02554
47 A ORANGE STREET
NEWBURGH, NY 12550
NANTUCKET, MA 02554
5541
5541
5541
THAYER RICHARD & 1UDITHANN
81 ORANGE LLC
BAUER RICHARD H & MARY JANE
163 SLEEPY HOLLOW ROAD
5721 SW BARNES RD
76 BALMVB,LE ROAD
BRIARCLIFF MANOR NY 10510
PORTLAND, OR 97221
NEWBURG, NY 12550
5541
5541
5541
PALLESCHI GREGORY T ETAL
SNYDER PATRICIA A
MICHAUD GERALD A & SANDRA G
55 HORSE HOLLOW RD
2160 REEDS RUN ROAD
6 WILSON POND ROAD
LATTINGTOWN, NY 11560
NEW PHILADELPHIA, OH 44663
WILTON, Cr 06791
5541
5541
5541
NANTUCKET TOWN OF
GARNETT JAMES W TRST
FITZGERALD JAMES A & JANE M
16 BROAD ST
GARNETT REAL ESTATE TRUST
9716 CARRIAGE RD
NANTUCKET, MA 02554
PO BOX 441
KENSINGTON, MD 20895
NANTUCKET, MA 02554
5541
5541
5541
MACLEOD JUDITH TRST
CZARZASTY ANTHONY P
JOHNSTON DIANE M TR
612 WARWICK RD
79 TAINE MOUNTAIN ROAD
62A ORANGE ST
KENILWORTH, IL 60043
BURLINGTON, CT 06013
NANTUCKET, MA 02554
5541
5541
5541
LEWIS NORMAN V
DUTY STUART M & MARY A
WONG BERNICE
613 CLUB LANE
170 STANWICH RD
111 HEMLOCK HILL RD
LOUISVILLE, KY 40207
GREENWICH, CT 06830
NEW CANAAN, CT 06840
5541
5541
5541
4250 VETS HIGHWAY LLC
KINNEY DAVID M & VIRGINIA R TRST
PORTEN STEPHEN & NANCY
1721 D NORTH OCEAN AV
3 1/2 SILVER ST
P O BOX 6413
MEDFORD, NY 11763
NANTUCKET, MA 02554
INCLINE VILLAGE, NV 89450
5541
5541
5541
SHEPHERD JOHN R & SUSAND D
MCCORMICK JENNIFER C
OSTRANDER HARRY M TRUSTEE
10 WEYMOUTH ST
50 BURDICK ROAD
244 FISHER AVE
NANTUCKET, MA 02554
NEW HARTFORD, Cr 06057
BROOKLINE, MA 02445
5541
5541
5541
WOOD DONALD T
ALGER SARAH F TRST
FRAUNFELDER JOHN & SARAH
315 E 68TH ST
60 FAIR STREET NOM TRUST
PO BOX 476
NEW YORK, NY 10065
2 SOUTH WATER STREET
WALPOLE, NH 03608
NANTUCKET, MA 02554
5541
5541
5541
BURNSIDE ANTHONY P & ALISON E
SEVENTY ONE ORANGE NANTUCKET
MOFSEN RICKY S & JEAN M TEST
1321 UPLAND DR
7 HARCOURT ST
8130 WEST MORELAND AVE
HOUSTON, TX 77043
BOSTON, MA 02116
CLAYTON, MO 63105
5541
5541
5541
COOK THOMAS B & AIMEE M
BENDER STEPHEN L & LYNN ANNE A
HANDY SUSAN E ETAL IRS
PO BOX 379
73 ORANGE ST
PO BOX 1048
CUMMAQUID, MA 02637
NANTUCKET, MA 02554
NANTUCKET, MA 02554
5541
5541
5541
BRADLEY JAMES
BENYUS MBHAM BRITT
VIERA GERTRUDE V
288 WEST 12TH ST APT 4R
706 BEDFORD ST
6 W DOVER ST
NEW YORK, NY 10014
STAMFORD, CT 06901
NANTUCKET, MA 02554
5541
5541
5541
SHERMAN LORI &
CORKIN DOREEN D
SCHNEIDER PEGGY
FOLGER GORDON M
61 CLIFF RD
IOA W DOVER ST
18 YORK ST
WESTON, MA 02493
NANTUCKET, MA 02554
NANTUCKET, MA 02554
5541
5541
BRILEY MOLLIE & DAVID
BROWN RICHARD A & SACHIYO Y
21 MISSION CRESENT
13229 GRIFFIN RUN
PAGET BERMUDA, . PGO6
CARMEL, IN 46033
5541
5541
HEAP FREDERIC F & SHEILA A _
MCCALLISTER TODD & BARBARA
210 NORTH ST
2156 COFFEE POT BLVD NE
HINGHAM, MA 02043
ST PETERSBURG, FL 33704
5541
5541
SHEEHAN WILLIAM J & ANN L
HITCHCOCK MARGARET TRUSTEE
6 SILVER ST
MH REALTY TRUST
NANTUCKET, MA 02554
PO BOX 8
NANTUCKET, MA 02554
5541
5541
PHILBRICK NATHANIEL & MELISSA
BRINKERHOFF BETTE I
4 SILVER ST
P O BOX 3246
NANTUCKET, MA 02554
WESTPORT, MA 02790
5541
5541
WARD CATHERINE S
RIVES BARBARA WHAPLES
4A SILVER ST
19 YORK ST
NANTUCKET, MA 02554
NANTUCKET, MA 02554
5541
5541
MAUTNER ALEXANDER J &LYNNETTE
NANTUCKET TOWN OF
2 SILVER ST
16 BROAD ST
NANTUCKET, MA 02554
NANTUCKET, MA 02554
r�ANTUC/rPT ,
n ►ED
TOWN OF NANTUCKET
�n;ly JUL cif 1 2
BOARD OF APPEALS c} T OWN cLf
NANTUCKET, MASSACHUSETTS 02554
Date: July 8, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 032 -14
Current Owner /Applicant: MARY BETH RAMOS, TRUSTEE of the RAMOS
REAL ESTATE TRUST, as Owner; SHEILA FEE, as
Applicant and Contract Purchaser
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TWENTY (20) days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Decision must be given to the Town Clerk so
as to be received within such TWENTY (20) days.
Eleanor W. Antonietti,
Zoning Administrator
cc: Town Clerk
Planning Board
Building Commissioner /Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY -LAW SECTION 139 -30 (SPECIAL PERMITS); SECTION 139 -32
(VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508 - 325 -7587.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 55.4.1, Parcel 89.1 Book 783, Page 331
79 Orange Street shown as Lot 1
Residential Old Historic (ROH) Plan File 30 -C
DECISION:
1. The Nantucket Zoning Board of Appeals held a public hearing on June 12, 2014,
in the Community Meeting Room at the Public Safety Facility at 4 Fairgrounds Road,
Nantucket, Massachusetts, regarding the application of Mary Beth Ramos, Trustee of
The Ramos Real Estate Trust, as Owner, 67 Monomoy Road, Nantucket, MA 02554;
Sheila Fee, as Applicant and Contract Purchaser, 52 Cliff Road, Nantucket, MA
02554, Board of Appeals File No. 032 -14. The Board made the following Decision:
2. The Applicant requests Zoning Board of Appeals relief pursuant to Nantucket
Zoning Bylaw Section 139 -33.A. in order to change the use of the one -story building
from a bakery to a yam/craft store (retail) with an apartment to be constructed in the back
portion of said structure and to convert the existing garage to a dwelling unit. To the
extent necessary, the Applicant is also requesting a waiver of six (6) parking spaces on
the Locus pursuant to Section 139- 18.B.(2) and the need for any loading zone as defined
in Nantucket Zoning Bylaw Section 139 -20.A. The Locus is situated at 79 Orange Street,
is shown on Nantucket Tax Assessor's Map 55.4.1 as Parcel 89. 1, as Lot 1 upon Plan File
30 -C. Evidence of owner's title is recorded in Book 783, Page 331 at the Nantucket
Registry of Deeds. The property is zoned Residential Old Historic (ROH).
3. Our Decision is based upon the application and accompanying materials and
representations and testimony received at the public hearing. There was no Planning
Board recommendation on the basis that no matters of planning concern were presented.
Letters were received in opposition to, and in support of, the application. Testimony was
received at the hearing both in opposition to, and in favor of, the application.
4. Attorney John B. Brescher represented the applicant at the hearing. Attorney
Brescher explained to the Board that the Applicant, Sheila Fee, is the contract purchaser
of the property and is requesting relief from the Zoning Board of Appeals for the
conversion of the existing use from a bakery to a year -round yam/craft store open seven
days a week, with an apartment in the rear of the structure. The applicant is also
requesting relief to convert the existing garage to a dwelling unit.
The Locus presently contains a one -story garage, a one -story building, and a tool
shed. The structures and uses are preexisting nonconforming with respect to intensity
regulations. The primary structure was historically used as a bakery, with take -out and
retail sales, operated by the Nantucket Bake Shop. While the bakery /take -out use is no
longer allowed in the ROH district, these uses were in place prior to the 1972 adoption of
the Zoning Bylaw, and therefore, the use is considered grandfathered. The garage use is
also preexisting nonconforming. The zoning bylaw only recognizes residential garages,
but the garage was not used in conjunction with any residence. Its commercial use as
storage space, in conjunction with the operation of the bakery, predates the adoption of
the Zoning Bylaw. Furthermore, the primary structure that housed the bakery is
nonconforming with respect to side yard setback, being as close as 0.0 feet from the side
yard lot line in a zoning district that requires a five (5) foot side and rear yard setback.
The garage is also nonconforming with respect to setbacks, being sited within the
westerly rear yard five (5) foot setback.
While the locus does not have dimensionally compliant off - street parking, there is
no need for a waiver of the six (6) spaces required for the proposed use, because the
previous commercial use required seven (7) parking spaces. The waiver of the seven
spaces is considered grandfathered. Please see the parking chart below for a more
detailed analysis of the parking requirements:
EXISTING/PREVIOUS
REQUIRED SPACES
TOTAL
1228 +/- SF of gross floor area
0
0
6 employees
1 for every 3 employees
2
(1) Take -out station
5
5
Garage converted to dwelling unit
1
7
PROPOSED
REQUIRED
TOTAL
818 +/- SF of retail space
1 for every 200 SF
4
3 employees
1 for every 3 employees
1
Apartment
N/A
0
Garage converted to dwelling unit
1
1
6
Pursuant to Section 139 -20.A, the Board has the discretion to determine whether
off - street loading facilities are required. Attorney Brescher explained that the proposed
retail use as a yam/craft store will entail considerably less deliveries in comparison to the
prior retail bakery use for which a loading zone was not provided. Furthermore, 139 -20.A
establishes that off - street loading facilities are not permitted in Town Residential zoning
districts.
5. Attorney Brescher discussed the process necessary for altering preexisting
nonconforming uses. Preexisting nonconforming uses may be modified and altered
pursuant to Nantucket Zoning Bylaw Section 139- 33.A.(1)(a) if the Special Permit
granting authority finds that the proposed change in use shall not be substantially more
detrimental to the neighborhood. In Powers v. Building Inspector of Barnstable [363
Mass. 648 (1973)], commonly known as "The Powers Test ", the Court set forth three
standards which establish threshold requirements to determine whether the use of
property is protected as a nonconforming use. An existing use will lose the protection
afforded a nonconforming use for failure to satisfy even one of the following tests:
(1) Whether the use reflects the "nature and purpose" of the use prevailing when
the zoning bylaw took effect; or,
(2) Whether there is a difference in the quality or character, as well as the degree,
of use; or,
(3) Whether the current use is "different in kind in its effect on the
neighborhood."
It was explained at the hearing that in the present scenario, the proposed business
will lessen both the intensity of the nonconforming use on the locus and the detrimental
effects of a commercial business in this area of the ROH district. The ROH historically
housed commercial businesses before and during the adoption of zoning by the Town of
Nantucket. The proposed change in use will lessen the burden of traffic, congestion, and
noise in the neighborhood. The customer turnover will be less for a yam/craft store than a
bakery. The new use will no longer involve food preparation, and will therefore lessen
the burden on the sewer and drainage systems in that neighborhood. There will also be
less trash generated with the new business. Additionally, by converting a portion of the
main structure from a commercial use to a residential use, the intensity of the commercial
use is lessened as a portion of the structure will now be used in a manner allowed by right
in the ROH district.
The Applicant, Sheila Fee, explained to the Board the nature of her business. The
proposed business, Flock, is a year -round yarn/craft store that will occupy the same
space as the bakery. The proposed hours of operation are 9:00 am to 8:00 pm, Monday
through Saturday; and 12:00 pm to 5:00 pm on Sundays. Although the store will be open
later in the day and open on Sundays, it will not create the nuisance of having noisy
customers at early hours as was the case with the bakery. There will be no more than
three (3) employees working at any given time and an area of approximately 440 +/- SF
of the existing structure is proposed to be converted to an apartment.
In addition, the parking requirement would be lessened from seven (7) required
spaces to six (6) spaces, as shown in the table above. Pursuant to Section 139- 18.A(1),
"an enlargement of any building or a change in use of a building, which increases the
parking requirements beyond what currently exists, shall require the provision of off -
street parking for the existing building as if it were newly constructed." The proposed
change of use does not result in an increased parking requirement and therefore a waiver
is not required.
6. The Applicant also requested relief in order to convert the garage to a dwelling.
As referenced above, the garage is a preexisting nonconforming structure with a
preexisting nonconforming use. Therefore, although the proposed use as a dwelling unit
is allowed by right in the ROH district, the change of use requires approval by the Board.
Testimony was received in opposition to this request from the nearest abutter, as well as
another abutter in the audience who expressed concern about the parking. Some
members of the Board expressed a reluctance to allow the conversion of the garage to a
dwelling unit, while other members thought it would present an opportunity to bring the
structure up to code. Nonetheless, at the request of the Applicant, the application to
convert the garage to a dwelling was withdrawn at this time.
7. Therefore, because the proposed yarn/craft store with an apartment in the rear of
the structure will not increase the parking or loading requirement and will, in fact,
decrease said requirements, the proposed change of use will be substantially less
detrimental to the neighborhood than the bakery use. The Board found that the proposed
alteration of use and alteration of structure met with the three standards of the Powers
Test and therefore the requested relief may be approved by Special Permit.
8. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board GRANTS
Special Permit relief pursuant to Nantucket Zoning Bylaw Sections 139 -33.A. subject to
the following conditions:
a. The structure may be converted from a bakery use to a yam/craft retail store
with an apartment in the rear of the structure;
b. The apartment shall be limited to year -round occupancy;
c. The hours of operation shall be limited to 9:00 am — 8:00 pm, Monday —
Saturday; 12:00 pm — 5:00 pm on Sunday;
d. Any alteration of this retail use shall require additional relief from the Zoning
Board of Appeals.
SIGNATURE PAGE TO FOLLOW
Assessor's Map 55.4.1, Parcel 89.1
79 Orange Street
Residential Old Historic (ROH)
Dated: l U ( t
Book 783, Page 331
shown as Lot 1
Plan File 30 -C
f
Ed4vard Toole
M' hael J. 'Mara
Kerim Koseatac
`Michael Angelastro
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On this � day of STLY ( 2014, before me, . the undersigned notary public,
personally appeared I C(WM-Q TOO (..L (a) personally known to
me, or (b) proved to me through satisfactory evidence of identification, which was
(type of identification) to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that he /she signed it
voluntarily for its stated purpose.
vs y,uu v. ClAib-g-
LYNELL D. VOLLANS
Notary Public
;• I - ,nwealth of Massachusetts
�}t ' MY Commission Expires
December 28, 2018